The board considered the duty of the legal advisor to the disciplinary committee of the General Medical Council: ‘The legal assessor is, however, in no sense in the position of a judge summing up to a jury, nor is the committee’s function analogous to that of a jury. The legal Assessor’s duties are confined to ‘advising on questions of law referred to him, and to interventions for the purpose either of informing the committee of any irregularity in the conduct of their proceedings which comes to his knowledge, or of advising them when it appears to him that, but for such advice, there is a possibility of a mistake of law being made’ (Fox v General Medical Council). The committee are masters both of the law and of the facts.’
Judges:
Lord Guest
Citations:
[1964] 1 All ER 504, [1964] 1 WLR 112
Statutes:
General Medical Council (Legal Assessors) Rules 1980 (SI 1980/941)
Jurisdiction:
England and Wales
Citing:
Cited – Fox v General Medical Council PC 1960
The appeal by a doctor from the disciplinary committee of the GMC to the board of the Privy Council lies of right by the statute and the terms of statute do not limit or qualify the appeal in any way, so that the appellant is entitled to claim that . .
Cited by:
Cited – Libman v The General Medical Council PC 20-Oct-1971
PC (General Medical Council) The appellant a consultant physician appealed against a finding of serious professional misconduct. He had had sexual relations with a patient, and offered to pay a sum for her . .
Lists of cited by and citing cases may be incomplete.
Health Professions
Updated: 04 May 2022; Ref: scu.242401